0001| HOUSE BILL 1120
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0002| 43rd legislature - STATE OF NEW MEXICO - first session, 1997
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0003| INTRODUCED BY
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0004| PATSY G. TRUJILLO
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0005|
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0006|
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0007|
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0008| FOR THE LEGISLATIVE HEALTH AND HUMAN SERVICES COMMITTEE
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0009|
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0010| AN ACT
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0011| RELATING TO CARE FACILITY EMPLOYMENT; PROVIDING FOR CRIMINAL
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0012| RECORDS CHECKS FOR CARE FACILITY EMPLOYEES AND JOB APPLICANTS;
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0013| PROVIDING FOR FEES; PROVIDING A PENALTY.
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0014|
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0015| BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:
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0016| Section 1. SHORT TITLE.--This act may be cited as the
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0017| "Care Facility Criminal Records Screening Act".
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0018| Section 2. PURPOSE.--The purpose of the Care Facility
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0019| Criminal Records Screening Act is to ensure to the highest
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0020| degree possible the prevention of abuse and neglect of persons
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0021| in care facilities.
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0022| Section 3. CARE FACILITY EMPLOYEES--CRIMINAL RECORDS
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0023| CHECK.--
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0024| A. It is illegal for any care facility to employ or
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0025| continue in employment any person who refuses to agree to a
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0001| criminal records check and to provide the results of that check
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0002| to the care facility. The care facility may employ a person,
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0003| for no more than sixty days, prior to receiving and reviewing
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0004| the results of the criminal records check. The care facility
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0005| may accept and use the results of a criminal records check from
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0006| a person's previous employer with the person's written
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0007| permission, provided that a records check is no more than one
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0008| year old.
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0009| B. The criminal records check shall include state
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0010| and national checks.
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0011| C. State and local law enforcement agencies may
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0012| charge and use fees to carry out required criminal records
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0013| checks.
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0014| D. For purposes of the Care Facility Criminal
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0015| Records Screening Act, "care facility" means:
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0016| (1) a skilled nursing facility;
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0017| (2) an intermediate care facility;
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0018| (3) an intermediate care facility for the
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0019| mentally retarded or mentally ill;
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0020| (4) a psychiatric facility;
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0021| (5) a rehabilitation facility;
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0022| (6) a home for the aged or disabled;
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0023| (7) a group home;
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0024| (8) an adult foster care home;
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0025| (9) a private residence that provides personal
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0001| care, sheltered care or nursing care for one or more persons;
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0002| (10) an adult daycare center;
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0003| (11) a boarding home; or
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0004| (12) an adult residential shelter care home.
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0005| Section 4. RECORD AVAILABILITY--PENALTY.--With the
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0006| permission of the employee or prospective employee of a care
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0007| facility, state and local law enforcement agencies shall
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0008| provide the results of the criminal records check to the care
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0009| facility administration to be used solely in determining
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0010| appropriate job placement or suitability for employment. An
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0011| administrator or other employee of a care facility who uses the
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0012| results of a criminal records check for any reason other than
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0013| determining appropriate job placement or suitability for
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0014| employment is guilty of a fourth degree felony and upon
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0015| conviction shall be punished by imprisonment for a definite
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0016| term not to exceed eighteen months or by a fine of not more
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0017| than five thousand dollars ($5,000) or both.
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0018| Section 5. PROHIBITIONS.--
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0019| A. A care facility shall not hire a person if the
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0020| criminal records check required by Section 3 of the Care
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0021| Facility Criminal Records Screening Act reveals a conviction
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0022| for a felony or misdemeanor involving abuse, neglect or
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0023| exploitation.
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0024| B. This section does not preclude a care facility
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0025| or administrator or supervisory personnel from using other
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0001| convictions or information revealed by criminal records checks
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0002| as a basis for employment or personnel placement or other
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0003| personnel decisions or actions, including termination of
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0004| employment.
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0005| Section 6. IMMUNITY FROM LIABILITY.--A care facility or
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0006| an administrator or employee of a care facility acting in good
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0007| faith shall be immune from liability for implementing the
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0008| provisions of the Care Facility Criminal Records Screening Act
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0009| and for employment, placement or other personnel decisions or
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0010| actions that are taken as a result of reliance on criminal
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0011| records checks.
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0012| Section 7. REGULATIONS.--The department of health shall
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0013| establish regulations for the implementation of the Care
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0014| Facility Criminal Records Screening Act by January 1, 1998.
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0015| State of New Mexico
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0016| House of Representatives
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0017|
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0018| FORTY-THIRD LEGISLATURE
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0019| FIRST SESSION, 1997
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0020|
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0021|
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0022| March 4, 1997
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0023|
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0024|
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0025| Mr. Speaker:
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0001|
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0002| Your BUSINESS AND INDUSTRY COMMITTEE, to whom
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0003| has been referred
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0004|
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0005| HOUSE BILL 1120
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0006|
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0007| has had it under consideration and reports same with
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0008| recommendation that it DO PASS, and thence referred to the
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0009| JUDICIARY COMMITTEE.
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0010|
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0011| Respectfully submitted,
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0012|
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0013|
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0014|
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0015|
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0016|
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0017| Fred Luna, Chairman
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0018|
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0019|
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0020| Adopted Not Adopted
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0021|
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0022| (Chief Clerk) (Chief Clerk)
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0023|
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0024| Date
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0025|
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0001| The roll call vote was 9 For 0 Against
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0002| Yes: 9
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0003| Excused: Gubbels, Hobbs, Rodella
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0004| Absent: Getty
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0005|
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0006|
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0007| G:\BILLTEXT\BILLW_97\H1120
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